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A/ 231/2019
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, BENCH AT AURANGABAD.
Date of filing :15.06.2019
Date of order :07.11.2022
FIRST APPEAL NO. :231OF 2019
IN COMPLAINT CASE NO.: 280 OF 2018
DISTRICT CONSUMER FORUM :AURANGABAD
Nirmal Kumar Biswal,
R/o Julelal Co-operative Housing Society,
Miraj Houses, Plot No.6, CTS No.15,
Main Road, Shrikrishna Nagar,
Ulkanagari,
Aurangabad.
…APPELLANT
VERSUS
1. Mansi Madan Bhumkar,
R/o 61, Swami Krupa Jaivishwabharti Colony,
Aurangabad.
2. Madan Kishanrao Bhumkar,
R/o 61, Swami Krupa Jaivishwabharti Colony,
Aurangabad.
…RESPONDENTS.
CORAM : Smt.S.T.Barne, Hon’ble Presiding Judicial
Member.
Mr.K.M.Lawande, Hon’ble Member.
Present : Adv.Mr.S.A.Ambad for appellant
Respondents in person.
J U D G M E N T
(Delivered on 07/11/2022)
Per Mr.K.M.Lawande, Hon’ble Member.
1) Being aggrieved by judgments and orders of District Forum
Aurangabad in C.C.No.280/2018 the appellant/org.opponent Nirmal Kumar
Biswal has filed this appeal.
A/ 231/2019
(2)
The appellant Nirmal Kumar Biswal is the ‘opponent’ in the consumer
complaint and the respondents are the ‘complainants’ in the consumer
complaint .
The parties are herein after referred to as complainants and opponent
as per their status in the complaint. The Dist.Consumer Disputes Redressal
Forum is hereinafter referred to as the District Forum for the sake of
convenience.
(3)
It is the case of complainants Mansi Madan Bhumkar & Madan
Kishanrao Bhumkar that Manasi joined tuition classes of opponent on
22/06/2017 for preparation of NEET examination. The opponent informed
that the fees of Rs.1,50,000/- will be required to pay. However , assured
that the fees of Rs.90,000/- only will be charged if fees is paid in cash and
there is deduction in fees towards awarding scholarship by opponent. They
paid Rs.25,000/- towards first instalment of fees on 19/06/2017. It was
assured that best faculties are engaged for teaching , there will be timely
completion of syllabus and notes will be provided. The opponent was not
providing notes to complainant as there was no payment of 2nd instalment of
fees. Therefore, the complainants paid 2nd instalment of Rs.25,000/- on
16/09/2017. However, there was no proper teaching for the subject of
Physics & Chemistry. Syllabus was also not completed. In spite of
complaints by complainants and other students, faculties were not changed
and were not replied with satisfactory reasons when visited. Therefore, the
complainant demanded the tuition fees paid to the opponent. However, the
opponent refused to refund the fees on the ground of that it is not provided
A/ 231/2019
terms and conditions. This is deficiency in service on the part of opponent.
The complainant sustained educational loss, mental agony and financial
harassment.
The complainant filed consumer complaint before the District Forum
seeking directions to the opponent classes for refund of additional tuition
fees of Rs.25,000/- with 18% interest and Rs.30,000/- towards mental
agony, Rs.2500/- towards cost of proceedings.
4. The opponent filed written statement before District Forum and
contended that the complainants have filed false complaint with intention of
giving mental and financial harassment to opponent. The complainant is
required to approach the Civil Court for recovery of certain amount and not
before the District Forum. The opponent Gurukul Classes is reputed classes
in the country and best results are given in NEET, CET, 12th board
examination. It is denied that the complainant paid first instalment of
Rs.25,000/- on 19/06/2017. However it is admitted that the complainant
paid Rs.25,000/- on 16/09/2017. The allegations of deficiency in teaching,
non-understanding of the subject by the student and complaint made by
complainant on that count is denied. The complainants have agreed to
terms and co
